Terms of Service | esimoa

Article 1 (Purpose)

These Terms set forth the conditions and procedures for using the esimoa service (hereinafter the "Service") operated by NBase Korea Co., Ltd. (hereinafter the "Company"), the rights, obligations, and responsibilities between the Company and Users, and other necessary matters.

Article 2 (Definitions)

"Service" means the eSIM plan comparison and sales service, as well as related supplementary services, provided by the Company.
"User" means a Member or Non-member who accesses the Service and uses the services provided by the Company in accordance with these Terms.
"Member" means a person who has registered as a member of the Service and uses the services provided by the Company.
"Non-member" means a person who uses the services provided by the Company without registering as a Member.
"eSIM" means an embedded Subscriber Identity Module that can be digitally activated without a physical SIM card.
"Product" means eSIM plans and related services sold by the Company.
"Partner" means a telecommunications carrier or service provider that provides eSIM services in partnership with the Company.
"VPN Service" means the virtual private network (WireGuard-based) connection feature provided by the Company as a supplementary service of the eSIM.

Article 3 (Posting and Amendment of the Terms)

The Company shall post the contents of these Terms on the initial screen of the Service so that Users can easily access them.
The Company may amend these Terms to the extent that they do not violate relevant laws, including the Act on the Consumer Protection in Electronic Commerce, Etc., the Act on the Regulation of Terms and Conditions, the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and the Framework Act on Consumers.
When the Company amends the Terms, it shall announce the effective date and the reason for the amendment, along with the current Terms, on the initial screen of the Service from seven (7) days prior to the effective date until the day before the effective date. However, if the contents of the Terms are changed unfavorably to the User, the Company shall provide notice with a grace period of at least thirty (30) days in advance.
If the Company clearly announces that a User shall be deemed to have expressed an intention if the User does not express an intention within thirty (30) days when announcing the amended Terms pursuant to the preceding paragraph, and the User does not expressly express an intention to refuse, the User shall be deemed to have agreed to the amended Terms.
If a User does not agree to the application of the amended Terms, the Company may not apply the amended Terms, and in such case, the User may terminate the service agreement. However, if there are special circumstances under which the existing Terms cannot be applied, the Company may terminate the service agreement.

Article 4 (Rules Outside the Terms)

Matters not stipulated in these Terms shall be governed by relevant laws or commercial customs.

Article 5 (Formation of the Service Agreement)

The service agreement is formed through the User's agreement to the Terms, the Company's acceptance of the User's application, and the prescribed procedures set by the Company.
A User applies for membership by entering the member information in the membership application form provided online by the Company and expressing intent to agree to these Terms.
The Company may refuse a membership application in any of the following cases:
- When the applicant uses another person's name
- When the contents of the membership application form are falsely entered or applied
- When the applicant is under 14 years of age (excluding cases where consent from a legal representative is obtained)
- When the application is made for the purpose of impairing public order or good morals
- When membership registration is judged to significantly hinder the Company technically
The provisions of these Terms shall also apply to Non-members when purchasing Products.

Article 6 (Provision and Modification of the Service)

The Company provides the following services:
- eSIM plan comparison and information provision service
- eSIM product sales service
- eSIM activation support and usage guidance service
- Customer consultation and support service
- Other services additionally developed by the Company or provided to Users through partnership agreements
The Company may change all or part of the services it provides according to operational and technical needs in the event of changes in Company policies related to service provision or other substantial reasons.
In the event of changes to the content, usage method, or service hours, the reason for the change, the content of the changed service, and the date of provision shall be posted on the initial screen of the relevant service for at least seven (7) days prior to the change.
The Company may modify, suspend, or change all or part of the services provided free of charge as necessary for the Company's policies and operations, and shall not provide separate compensation to Users unless otherwise stipulated by relevant laws.

Article 7 (Suspension of the Service)

The Company may temporarily suspend the provision of the Service in cases of maintenance, inspection, replacement, breakdown of information and communication equipment such as computers, or interruption of communications.
The Company shall compensate Users or third parties for damages caused by the temporary suspension of the Service for the reasons set forth in Paragraph 1. However, this shall not apply where the Company proves the absence of intent or negligence.
In the event the Service cannot be provided due to a change of business type, abandonment of business, integration between companies, or similar reasons, the Company shall notify Users by the method set forth in Article 8 and compensate Users in accordance with the conditions initially presented by the Company. However, if the Company has not notified the standards of compensation, etc., the Company shall pay Users' mileage or accumulated points in kind or in cash equivalent to the currency value commonly used by the Company.

Article 8 (Notice to Members)

When the Company notifies a Member, it may do so to the email address submitted by the Member to the Company.
In the case of notices to an unspecified number of Members, the Company may substitute individual notices by posting on the Service bulletin board for at least one (1) week. However, individual notices shall be given for matters that significantly affect the Member's own transactions.

Users shall apply for purchase from the Company by the following or similar methods, and the Company shall provide each of the following contents in an easy-to-understand manner when a User makes a purchase application:
- Search and selection of Products, etc.
- Entry of name, address, phone number, email address (or mobile phone number), etc.
- Confirmation of the contents of the Terms, services for which the right of subscription withdrawal is restricted, and matters related to cost burdens such as delivery fees and installation fees
- Indication of agreement to these Terms and confirmation or refusal of the matters in Item 3 above (e.g., mouse click)
- Purchase application of Products, etc., and confirmation thereof or consent to the Company's confirmation
- Selection of payment method
If the Company needs to provide a purchaser's personal information to a third party, the Company shall obtain consent in advance at the time of purchase, except in any of the following cases:
- Where there is a special provision in laws
- Where personal information is provided to a seller, etc., for the purpose of delivery
- Where the minimum necessary information is transmitted to a partner telecommunications carrier for the purpose of providing eSIM services (for the purpose of generating an eSIM profile)

Article 10 (Formation of the Contract)

The Company may not accept a purchase application as described in Article 9 in any of the following cases. However, when entering into a contract with a minor, the Company shall notify that the minor or the legal representative may cancel the contract if the consent of the legal representative is not obtained:
- Where there is falsehood, omission, or error in the contents of the application
- Where a minor purchases goods or services prohibited by the Juvenile Protection Act, such as tobacco or alcohol
- Where the acceptance of the purchase application is judged to significantly hinder the Company technically
The contract shall be deemed formed at the time when the Company's acceptance reaches the User in the form of the receipt confirmation notice under Article 12, Paragraph 1.
The Company's expression of acceptance shall include information regarding confirmation of the User's purchase application, availability of sale, and correction or cancellation of the purchase application.

Article 11 (Payment Methods)

The payment methods for Products purchased from the Company may be any of the following methods that are available. However, the Company shall not collect any additional fees under any name for the User's payment method.

Various account transfers such as phone banking, internet banking, and mail banking
Various card payments such as prepaid cards, debit cards, and credit cards
Online deposit without a bankbook
Payment by electronic currency
Payment upon receipt
Payment by points such as mileage granted by the Company
Payment by gift certificates contracted with or recognized by the Company
Other electronic payment methods, etc.

Article 12 (Receipt Confirmation Notice, Change and Cancellation of Purchase Application)

The Company shall provide a receipt confirmation notice to the User when the User makes a purchase application.
A User who has received the receipt confirmation notice may, in the event of a discrepancy in the expression of intent, request a change or cancellation of the purchase application immediately upon receipt of the receipt confirmation notice, and the Company shall, upon the User's request prior to delivery, process the request without delay. However, if payment has already been made, the provisions of Article 15 regarding subscription withdrawal, etc. shall apply.

Article 13 (Supply of Goods, Etc.)

Unless there is a separate agreement with the User regarding the time of supply of Products, etc., the Company shall take other necessary measures such as custom production and packaging so that the Products, etc., can be delivered within seven (7) days from the date the User subscribed. However, if the Company has already received all or part of the payment for the Products, etc., it shall take measures within three (3) business days from the date of receipt of the payment. At this time, the Company shall take appropriate measures so that the User can verify the supply procedure and progress of the Products, etc.
In the case of eSIM products, the Company shall send the QR code by email, etc., immediately after the purchase is completed or at the time specified by the User. The supply of the Product shall be deemed completed upon completion of QR code transmission.
The Company shall specify the means of delivery, the party bearing the delivery cost by means, and the delivery period by means for the Products purchased by the User. If the Company exceeds the agreed delivery period, it shall compensate the User for damages caused thereby. However, this shall not apply where the Company proves the absence of intent or negligence.

Article 14 (Refund)

If Products, etc., for which a User has applied for purchase cannot be delivered or provided due to reasons such as being out of stock, the Company shall notify the User of such reason without delay, and if the Company has received payment for the Products, etc., in advance, it shall refund the payment or take measures necessary for the refund within three (3) business days from the date of receipt of the payment.

Article 15 (Subscription Withdrawal, Etc.)

A User who has entered into a contract for the purchase of Products, etc., with the Company may withdraw the subscription within seven (7) days from the date of receipt of the written contract regarding the contents of the contract pursuant to Article 13, Paragraph 2 of the Act on the Consumer Protection in Electronic Commerce, Etc. (or the date of supply or commencement of supply of the Products, etc., if the supply was made later than the receipt of the written contract). However, if there is a separate provision in the Act on the Consumer Protection in Electronic Commerce, Etc., regarding subscription withdrawal, the provisions of the said Act shall apply.
If the User has received the Products, etc., the User may not return or exchange them in any of the following cases:
- Where the Products, etc., have been destroyed or damaged due to reasons attributable to the User (excluding cases where the packaging, etc., has been damaged to confirm the contents of the Products, etc.)
- Where the value of the Products, etc., has significantly decreased due to use or partial consumption by the User
- Where the value of the Products, etc., has significantly decreased to the extent that resale is difficult due to the passage of time
- Where the packaging of the original Products, etc., has been damaged in cases where reproduction is possible with Products, etc., of the same performance
In the cases of Paragraph 2, Items 2 through 4, the User's right of subscription withdrawal shall be restricted only if the Company has notified the User in advance of such fact pursuant to the Act on the Consumer Protection in Electronic Commerce, Etc.
Notwithstanding the provisions of Paragraphs 1 or 2, the Company may restrict subscription withdrawal and return in any of the following cases:
- Where the eSIM QR code has been sent (excluding cases where the QR code has not been sent or where the User has not checked the QR code after it was sent)
- Where the eSIM has been activated
- Where the usage period has elapsed
- Where the provision of digital content as defined in Article 2, Item 5 of the Content Industry Promotion Act has commenced. However, in the case of contracts consisting of divisible services or divisible digital content, this shall not apply to the portion for which provision has not commenced.
Notwithstanding the provisions of Paragraphs 1 and 4, the User may withdraw subscription, etc., within three (3) months from the date of supply of the Products, etc., or within thirty (30) days from the date on which the User knew or could have known the fact, if the contents of the Products, etc., differ from the contents of the indication or advertisement or are performed differently from the contents of the contract.

Article 16 (Effects of Subscription Withdrawal, Etc.)

The Company shall refund the payment for the Products, etc., already received within three (3) business days after receiving the returned Products, etc., from the User. In this case, if the Company delays the refund of the Products, etc., to the User, the Company shall pay delay interest calculated by multiplying the delay period by the delay interest rate stipulated in Article 21-3 of the Enforcement Decree of the Act on the Consumer Protection in Electronic Commerce, Etc. (20% per annum).
When refunding the above payment, if the User has paid for the Products, etc., by means of payment such as credit card or electronic currency, the Company shall, without delay, request the business operator that provided such means of payment to suspend or cancel the claim for the payment for the Products, etc.
In the case of subscription withdrawal, etc., the User shall bear the cost necessary for the return of the supplied Products, etc. The Company shall not claim penalty or damages from the User on the grounds of subscription withdrawal, etc. However, if subscription withdrawal, etc., is made because the contents of the Products, etc., differ from the contents of the indication or advertisement or are performed differently from the contents of the contract, the Company shall bear the cost necessary for the return of the Products, etc.
The User shall bear all risks and responsibilities regarding the Products, etc., from the time of receipt of the Products, etc., until the subscription withdrawal, etc.

Article 17 (Protection of Personal Information)

The Company shall collect the minimum amount of personal information necessary for the provision of the Service when collecting personal information from Users.
The Company shall not collect in advance the information necessary for the performance of a purchase contract upon membership registration. However, this shall not apply where minimum specific personal information is collected as a case requiring identity verification prior to the purchase contract for the performance of obligations under relevant laws.
When collecting and using personal information of Users, the Company shall notify the User of the purpose and obtain consent.
The Company may not use the collected personal information for purposes other than the intended purpose, and if a new purpose of use arises or the personal information is provided to a third party, the Company shall notify the User of the purpose and obtain consent at the stage of use and provision. However, exceptions shall be made where otherwise stipulated by relevant laws.
The Company shall establish and implement a personal information processing policy pursuant to Article 30, Paragraph 1 of the Personal Information Protection Act, and may handle the processing and management of personal information collected pursuant to Paragraph 1 itself or entrust such tasks to a third party.
The Company shall minimize the number of persons handling Users' personal information for the protection of personal information.
The Company shall take safety measures such as regularly updating the passwords of the administrator's unique identification information, etc., to protect Users' personal information.
The Company shall take technical and managerial protective measures such as the establishment and operation of information security systems to prevent damages to Users due to the leakage of Users' personal information.

Article 18 (Obligations of the Company)

The Company shall not engage in acts prohibited by laws or these Terms or contrary to public order and good morals, and shall do its best to provide goods and services continuously and stably in accordance with these Terms.
The Company shall have a security system to protect Users' personal information (including credit information) so that Users can safely use internet services.
The Company shall be liable to compensate Users for damages incurred by Users when the Company engages in unfair indication or advertisement acts under Article 3 of the Act on Fair Labeling and Advertising regarding products or services.
The Company shall not send commercial emails for profit-making purposes that are not desired by Users.

Article 19 (Member's Obligations Regarding ID and Password)

Except for the case of Article 17, the responsibility for managing the ID and password rests with the Member.
A Member shall not allow a third party to use the Member's ID and password.
If a Member becomes aware that his/her ID and password have been stolen or are being used by a third party, the Member shall immediately notify the Company and follow the Company's guidance, if any.

Article 20 (Obligations of Users)

Users shall not engage in the following acts:

Registration of false information when applying or making changes
Misuse of another person's information
Modification of information posted by the Company
Transmission or posting of information (such as computer programs) other than information designated by the Company
Infringement of intellectual property rights such as copyrights of the Company and other third parties
Acts that damage the reputation of the Company and other third parties or interfere with their business
Acts of disclosing or posting obscene or violent messages, images, voices, or other information contrary to public order and good morals
Acts of resale, transfer, or rental of purchased eSIMs to third parties
Other acts that violate laws or these Terms

Article 21 (Relationship Between Linking "Company" and Linked "Company")

When a superior company and an inferior company are linked by means of hyperlinks (e.g., the targets of hyperlinks include text, images, and videos), the former is referred to as the linking "Company" (website) and the latter as the linked "Company" (website).
If the linking Company clearly states on its initial screen or in a pop-up screen at the time of linking that it does not guarantee the transactions conducted with Users by the goods, etc., independently provided by the linked Company, the linking Company shall not be liable for such transactions.

Article 22 (Attribution and Restrictions on Use of Copyrights)

Copyrights and other intellectual property rights for works created by the Company shall belong to the Company.
Users shall not use information obtained by using the Company, in which intellectual property rights belong to the Company, for profit-making purposes by reproduction, transmission, publication, distribution, broadcasting, or other means, or allow third parties to use such information, without the prior consent of the Company.
The Company shall notify the relevant User when using copyrights belonging to the User pursuant to the agreement.

Article 23 (Dispute Resolution)

The Company shall establish and operate a damage compensation processing organization to reflect legitimate opinions or complaints raised by Users and to compensate for damages.
Lawsuits regarding electronic commerce disputes between the Company and Users shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the User's address at the time of filing, or the residence if there is no address. However, if the User's address or residence is unclear at the time of filing, the competent court shall be determined in accordance with the Civil Procedure Act.
The laws of the Republic of Korea shall apply to lawsuits regarding electronic commerce disputes between the Company and Users.

Article 24 (Jurisdiction and Governing Law)

Lawsuits regarding electronic commerce disputes between the Company and Users shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the User's address at the time of filing, or the residence if there is no address. However, if the User's address or residence is unclear at the time of filing, the competent court shall be determined in accordance with the Civil Procedure Act.
The laws of the Republic of Korea shall apply to electronic commerce lawsuits filed between the Company and Users.

Article 25 (VPN Supplementary Service)

The VPN Service is a supplementary service provided by the Company to eSIM Users, and may be used after the User goes through a separate consent procedure regarding data processing when first using the VPN feature in the app.
Fees for the use of the VPN Service shall be calculated by means of credit deduction, and the deduction unit price and exemption conditions (such as overseas access for holders of unlimited eSIMs) shall be in accordance with the information provided on the service screen.
The VPN infrastructure is operated by a third-party infrastructure provider. Due to the nature of end-to-end encryption, the Company does not view or retain the User's communication contents, visit records, DNS queries, or packet contents.
Users shall not use the VPN Service for any of the following purposes, and in the event of violation, the Company may restrict the use of the Service without prior notice:
- Acts prohibited by relevant laws or acts contrary to public order and good morals
- Acts that infringe upon the rights of others or cause system load
- Transmission and reception of content that violates the laws of the country of access
The Company shall not be liable for VPN Service failures or damages caused by any of the following reasons. However, this shall not apply in cases of intent or gross negligence on the part of the Company:
- Access restrictions due to the network environment of the User's device or the policies of the telecommunications carrier
- Service failures of the third-party infrastructure provider
- Blocking under local laws and policies of the country selected by the User

Supplementary Provisions

These Terms shall take effect from January 1, 2025.